Terms of service
OVERVIEW
This website is operated by Unfixed. In the context of the website, the terms "we," "us," and "our" refer to Unfixed. Unfixed offers this website, including all the information, tools, and Services available on this site for you, the User, provided that you accept all the terms, conditions, notices, and disclaimers set forth herein.
By visiting our website and/or purchasing something from us, you agree to our "Service" and accept to be bound by the following terms and conditions ("Service Terms and Conditions," hereinafter "Terms and Conditions"), including the terms and conditions and additional notices mentioned herein and/or made available through a dedicated link. These Terms and Conditions of Service apply to all users of the website, including, without limitation, visitors, sellers, customers, merchants, and/or content authors.
Please read these Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to undertake a binding commitment to comply with these Terms and Conditions of Service.
If you do not accept all the terms and conditions of this agreement, you will not be able to access the website or use any of the Services offered. If these Terms and Conditions of Service are considered an offer, acceptance is expressly limited to these Terms and Conditions of Service. Any new features or tools added to the current version of the store will also be subject to the Terms and Conditions of Service. You can consult the current version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms and Conditions of Service by posting updates and/or changes on our website. It is your responsibility to periodically check this page to see if any changes have been published. The continued use or access to the website after the publication of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. Shopify provides the online e-commerce platform that allows us to sell our products and services.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms and Conditions of Service, you declare that you are of legal age according to the laws of your state or province of residence, or that you are of legal age according to the laws of your state or province of residence and have consented to allow minors under your care to use this website.
You may not use our products for any unlawful or unauthorized purposes, nor violate any laws in your jurisdiction while using the Service (including, but not limited to, copyright laws).
You must not transmit worms, viruses, or any destructive code.
Violation of any of these Terms and Conditions will result in the immediate termination of Services.
SECTION 2 - GENERAL CONDITIONS
Shopify reserves the right to refuse Service to anyone, for any reason, at any time.
You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over the network.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, nor to use the Service, access the Service, or any contact on the website through which the Service is provided, without the express written permission of Shopify.
The headings used in this agreement are inserted for convenience only, and shall not limit or affect the interpretation of these Terms and Conditions in any way.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We disclaim any liability for the lack of accuracy, completeness, or timeliness of the information made available on this website. The content on this website is provided for informational purposes only and should not be solely relied upon for decision-making, without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the materials on this website is at your own risk.
This website may contain historical information. Historical information is not necessarily up-to-date and is provided for reference only. We reserve the right to modify the content of this website at any time, but we have no obligation to update the information on our website. You acknowledge that it is your responsibility to review changes made to our website periodically.
SECTION 4 - CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We disclaim any liability to you or any third party for any modifications, price changes, suspensions, or interruptions of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy: [LINK TO REFUND POLICY].
We have made every effort to display as accurately as possible the colors and images of our products on our store. However, we cannot guarantee that the colors displayed on your computer are accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, territory, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of products or Services offered. All product descriptions and product prices are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue the production of any product at any time. Any offer of any product or Service made through this website is void where prohibited.
We do not guarantee that the quality of any products, Services, information, or other materials purchased or obtained will meet your expectations, or that any errors in the Services will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or through the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change or cancel an order, we may attempt to notify you by contacting you via the email address and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please refer to our Refund Policy: [LINK TO REFUND POLICY].
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools "as is", "as available", without any warranties, representations, or conditions of any kind, and without endorsement. We disclaim any responsibility arising from or in any way related to your use of third-party optional tools.
Any use by you of the optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and approve the terms and conditions under which the tools are provided by the relevant third-party providers.
In the future, we may also offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services will also be subject to these Terms and Conditions of Service.
SECTION 8 - THIRD-PARTY LINKS
Some content, products, and Services available through our Service may include materials from third parties.Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of and do not guarantee, nor will we have any liability in relation to third-party materials or websites, or any other materials, products, or services of third parties.
We disclaim any liability for any damages or harms related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with third-party websites. We encourage you to carefully read the third-party privacy policies and terms, ensuring that you understand them before making any transactions. Any claims, disputes, concerns, or questions regarding third-party products must be directed to the relevant third party.
SECTION 9 - COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you submit specific contributions, at our request (for example, contest entries) or, even without any request from us, in the case of submitting creative ideas, suggestions, proposals, plans, or other materials, online, via email, by mail, or otherwise (collectively, "comments"), you agree that we may modify, copy, publish, distribute, translate, and otherwise use the comments you submit, at any time and without restriction. We are not and will not be obligated (1) to keep any comments confidential; (2) to pay any compensation for the comments; or (3) to respond to the comments.
We reserve the right, but have no obligation, to monitor, modify, or remove content that we, at our sole discretion, consider to be illegal, offensive, threatening, defamatory, slanderous, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms and Conditions of Service.
You confirm that your comments do not violate any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also acknowledge that your comments do not contain defamatory or otherwise illegal, offensive, or obscene materials, nor do they contain viruses or other malware that could in any way compromise the functioning of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise deceive Shopify or third parties about the origin of any comments. You take full and sole responsibility for the comments you post and for their accuracy. We assume no responsibility for any comments posted by you or third parties.
SECTION 10 - PERSONAL INFORMATION
The transmission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our website or within the Service that contains typographical errors, inaccuracies, or omissions regarding aspects such as product descriptions, prices, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders at any time and without notice (even after an order has been submitted) if any information within the Service or on any related website is found to be inaccurate.
We are under no obligation to update, modify, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No update date specified in relation to the Service or any related website should be interpreted as indicating that all information in the Service or published on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any local, international, federal, provincial, or state regulation, law, or ordinance; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may or could be used in any way that affects the functionality or operation of the Service or any related website, as well as other websites or the internet; (h) to collect or track the personal information of others; (i) to engage in spam, phishing, pharming, pretext, spidering, crawling, or scraping activities; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, as well as other websites or the internet. We reserve the right to terminate the use of the Service or any related website if any of the prohibited uses are violated.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, declare, or guarantee that the use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results obtained from using the Service will be accurate or reliable.
You agree that, from time to time, we may remove the Service for indefinite periods of time or cancel it at any time, without notice.
You expressly acknowledge that your use or inability to use the Service is at your sole risk. The Service and all products and services provided through the Service are provided (except as expressly stated by Shopify) "as is" and "as available" for your use, without any warranty, express or implied, including but not limited to the implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Unfixed, our directors, officers, employees, affiliates, agents, third-party contractors, interns, suppliers, service providers, or licensors be liable for any damage, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from the use of any of the Services or any product purchased through the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you were advised of the possibility of such damages. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Unfixed and our parent company, subsidiaries, affiliates, partners, as well as our respective officers, directors, agents, third-party contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Service or the documents incorporated by reference, or your violation of any law or the rights of any third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms and Conditions of Service is found to be illegal, void, or unenforceable by a court of competent jurisdiction, that provision will still be enforced to the maximum extent permitted by applicable law, and the unenforceable part will be deemed severed from these Terms and Conditions of Service. Such a decision will not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes. These Terms and Conditions of Service will remain in effect unless and until terminated by you or Shopify. You may terminate these Terms and Conditions of Service at any time by informing us that you no longer wish to use our Services or by discontinuing use of our website.
If, in our sole discretion, we believe you have failed to comply with any term or provision of these Terms and Conditions of Service, or if we suspect you have done so, we may terminate this agreement at any time without notice. You will remain responsible for all amounts due up until the termination date, including; and/or we may deny you access to our Services (or any part thereof) as a result.
SECTION 17 - ENTIRE AGREEMENT
The failure of Shopify to exercise or enforce any right or provision of these Terms and Conditions of Service will not constitute a waiver of such right or provision.
These Terms and Conditions of Service, along with any policies or operating guidelines posted by Shopify on this website or in relation to the Service, constitute the complete and exclusive agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, all previous versions of the Terms and Conditions of Service).
Any ambiguity in the interpretation of these Terms and Conditions of Service will not be construed against the drafting party.
SECTION 18 - APPLICABLE LAW
These Terms and Conditions of Service and any separate agreements through which we provide you with Services will be governed and interpreted in accordance with the laws of Spain.
SECTION 19 - CHANGES TO TERMS AND CONDITIONS OF SERVICE
You can review the most current version of the Terms and Conditions of Service at any time on this page.
We reserve the right to update, modify, or replace any part of these Terms and Conditions of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Continued use of or access to our website or the Service after the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Any questions regarding the Terms and Conditions of Service should be sent to mailer@unfixedwear.com.